Critically discuss how Articles 102 have been implemented in order to pursue anticompetitive practices. Illustrate your answer with relevant case law.
This essay concerns on aspects of the European Union competition law and how it pursue anticompetitive practices. Article 102 TFEI which deals with situation of abuse of a dominant position in European Union competition law. The main objective of the competition law is to enhance efficiency for example maximise consumer welfare and allocation of resources; protect consumers and smaller firms; and facilitate creation of Single European Market.
Article 102 also has pursued anti-competitive through restrict any abuse by one or more undertaking of a dominant position within the internal
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The major problem is deciding what price is excessive or unfair. For example in the case of General Motors v Commission, the Court of Justice suggested that prices would be excessive where they do not reflect the "economic value" of the product. On the facts of the case it was not necessary to decide on what criteria prices should be held to be excessive, since they had been reduced before the Commission intervened. The Court ruled that General Motors had not abused their dominant position. Besides, the unfair condition is also one of the exploitative abuse where in the case of BRT v SABAM, the Court of Justice condemned restrictions imposed on authors, composers and publishers who were members of a performing rights society, in so far as these were not justified by the need for the society to strengthen its power when negotiating with national radio and television stations over copyright licences. Furthermore, in the case of Merci Convenzionali Porto di Genova SpA v Siderurgica Gabrielli SpA where the ECJ held that the refusal to use modem technology in the unloading operations and remain the quiet life was an exploitative abuse.
On the other hand, some examples of exclusionary abuse are export bans; predatory pricing, refusal to supply and tie-in. Export bans is an attempt by a dominant undertaking to impose bans will be considered